Umfang:
1 online resource (226 pages)
ISBN:
9780821363003
,
0821362992
Serie:
Law, Justice & Development, No. 43 v.No. 43
Inhalt:
"The Transit Regime for Landlocked States" assesses the strengths and limits of existing international law related to the free access of landlocked states to and from the sea. The book analyzes whether the provisions of international law satisfy the economic demands of landlocked states, the majority of which are among the world's poorest nations. The book reviews the several principles of international law that dominated the evolution of the rights of access. It discusses both general and specific conventions, as well as treaty regimes emanating therefrom, and examines some restrictions imposed by some of those conventions, part of which are challenged by landlocked states. The book briefly comments on the ongoing international initiatives and developments aimed at addressing the theoretical as well as practical problems faced by landlocked states. These developments, which have led to the creation of legal instruments with normative value, underscore the evolutionary nature of international law as well as the perennial efforts associated with its development. Kishor Uprety has a law degree from the Tribhuvan University (Nepal) and a diplôme d'étude supérieure and doctorate from the Sorbonne University (Paris). Currently senior counsel at the Legal Vice Presidency of the World Bank, Kishor Uprety has published extensively on issues related to international law and development.
Inhalt:
Contents -- List of Tables -- Cases Cited -- Foreword -- Abstract -- Acknowledgments -- Acronyms and Abbreviations -- PART ONE General Overview -- Chapter 1 Introduction, Characteristics, and Scope -- 1.1 The Notion of Landlocked States -- 1.2 Historical Characteristics -- 1.3 Geopolitical Features -- 1.4 Economic and Developmental Challenges -- 1.5 Thematic Concerns and Scope -- PART TWO Theoretical Bases -- Chapter 2 Principles, Doctrines, and Theories Influencing the Right of Access to the Sea -- 2.1 Theory Based on the Freedom of Transit -- 2.2 Free Access and the Principle of Freedom of the Seas -- 2.3 Right of Access as an International Servitude -- 2.4 Right Compensating for Geographical Inequalities -- 2.5 Freedom of River Navigation -- PART THREE Evolution of the Regime -- Chapter 3 Evolution of International Law -- 3.1 Freedom of Transit for Trade: The Barcelona Statute -- 3.2 The Railway Case (Traffic between Lithuania and Poland) -- 3.3 Freedom of Transit Strengthened: The Havana Charter and the GATT -- 3.4 Reciprocity to Right of Access: The Convention on the High Seas -- 3.5 Free Access Versus Territorial Sovereignty and the New York Convention -- 3.6 Right to Secure Access Under UNCLOS III -- 3.7 Enforcement of the Right of Access Under International Instruments -- Chapter 4 Influence of International Law on State Practice -- 4.1 Treaties Concluded in Europe -- 4.2 Treaties Concluded in Africa -- 4.3 Treaties Concluded in Latin America -- 4.4 Treaties Concluded in Asia -- Chapter 5 "Soft" Instruments and Specific Initiatives: Variation in Themes -- 5.1 International "Soft Law" Mechanisms -- 5.2 Specific Initiatives for Resource Allocation -- 5.3 Pluridimensionality in Facilitating Access -- PART FOUR Conclusion -- Chapter 6 A Better Future for All -- 6.1 Customary Law in Existence -- 6.2 Relativism in Progress.
Anmerkung:
Description based on publisher supplied metadata and other sources
,
Contents; List of Tables; Cases Cited; Foreword; Abstract; Acknowledgments; Acronyms and Abbreviations; PART ONE General Overview; Chapter 1 Introduction, Characteristics, and Scope; List of Tables; Table 1.1 Landlocked Countries and Transshipping Points; Table 1.2 Main Access to the Sea for Least Developed Landlocked Countries; Table 1.3 Intraregional Trade of Landlocked Developing Countries, 1998 and 1999: Proportion of Total Exports and Imports Whose Destinations and Sources Are Within the Same Region or Continent; PART TWO Theoretical Bases
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Chapter 2 Principles, Doctrines, and Theories Influencing the Right of Access to the SeaPART THREE Evolution of the Regime; Chapter 3 Evolution of International Law; Chapter 4 Influence of International Law on State Practice; Chapter 5 "Soft" Instruments and Specific Initiatives: Variation in Themes; PART FOUR Conclusion; Chapter 6 A Better Future for All; Select Bibliography; Appendix One: Convention and Statute on the Regime of Navigable Waterways of International Concern; Appendix Two: United Nations Conference on Transit Trade of Land-Locked Countries
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Appendix Three: United Nations Convention on the Law of the Sea (UNCLOS III): Part X-Right of Access of Land-Locked States to and from the Sea and Freedom of TransitIndex
Weitere Ausg.:
ISBN 9780821362990
Weitere Ausg.:
Erscheint auch als Druck-Ausgabe ISBN 9780821362990
Sprache:
Englisch
Mehr zum Autor:
Uprety, Kishor 1958-
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